Industrial Dispute Act, 1947

Prepared by:-

Mayuri Pujare [38] Anjum Raut [40] Minesh Rathod [39]

IntroductionThe Industrial Disputes Act, 1947 extends to

the whole of India. It came into force April 1, 1947 to bring about peace in the industry and

healthy relationship between the Employer and Employee. This Act replaced the Trade Disputes

Act of 1929. The Trade Disputes Act imposed certain restraints on the right of strike and

lockout in Public Utility Services. But no provision was existing for the settlement of Industrial Disputes, either by reference to a Board of

Conciliation or to a Court of Inquiry. In order to remove this deficiency, the Industrial Disputes

Act, 1947 was passed.

DefinitionIndustrial Disputes – Section 2 (k) Industrial Disputes means any dispute or difference between employees and employers, or between employer and workman, or between workmen and workmen which is connected with the employment or non employment or the terms of employment or with the conditions of labour of any person.o A dispute or difference exists,o The re are parties to the dispute,o The dispute pertains to employment or non employment or the terms of employment or with labour conditions of any persono The dispute should relate to an industry

Objective of the Acto Promotion of measures of securing and preserving unity and good relations between employers and employees;o Investigation and settlement of industrial disputes between employers and employees;o Prevention of illegal strikes and lock outso Relief to workman in matter of lay off and retrenchment;o Promotion of collective bargaining

Definition of Industry According to 1982 Amendment -

Industry means any business, trade, undertaking , manufacture or calling of

employees and includes any calling, service, employment, handicraft or industrial occupation or vocation of workmen.

Industry SectionIndustry means any systematic activity carried on by cooperation between an employer and his workmen, ( whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes ( not being wants or wishes which are merely spiritual or religious in nature ); Whether or not Any capital has been invested for the purpose of carrying on such activity; or Such activity is carried on with a motive to make any gain or profit;

It includes -a) Any activity of the Dock Labour Board established

under Section 5A of the Dock Workers (Regulation of Employment) Act, 1948;

b) Any activity relating to the promotion of sales or business or both carried on by an establishment,

But does not include –a) Any agricultural operation except where such

agricultural operation is carried on in an integrated manner with any other activity ( being any such activity as is referred to in the foregoing provisions of this clause ) any other activity is the predominant one.

b) Hospitals or dispensaries; orc) Educational , scientific, research or training institution;

d) Institution s owned or managed by organizations wholly or substantially engaged in any charitable social or philanthropic service; or e) Khadi or village industries; orf) Any activity of the government relatable to the sovereign functions of the government including all the activities carried on by the department of the Central Government dealing with defense research, atomic energy and space; org) Any domestic serviceh) Any activity , being a profession practiced by an individual or body of individuals , if the number of persons employed by the industrial or body of individuals in relation to such profession is less than ten; ori) Any activity , being an activity carried on by a cooperative society or a club or any other like body of individuals , if the number of person employed by the cooperative society, club or other like body of individuals in relation to such activity is less than ten.

WorkmanAccording to section 2(s) of Industrial Disputes Act, 1947 “workman” means any person including an apprentice employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward whether the terms of employment be expressed or implied and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes:(a) Any such person who has been dismissed,

discharged or retrenched in connection with or as a consequence of that dispute or

(b)Any person whose dismissal or retrenchment has led to that dispute, but does not include any such person:

(i) who is subject to Army Act, 1950, or Air Force Act, 1950 or Navy Act, 1957; or(ii) who is employed in Police Service or as an officer or other employee of a prison; or(iii) who is employed mainly in managerial or administrative capacity; or(iv) Who is employed in a supervisory capacity and drawing more than Rs. 10,000 per month as wages; or(v) who is exercising either by the nature of duties attached to the office or by reason of the powers vested in him, functions, mainly of managerial nature.

Thank you…!